SB 201 — JUVENILE JUSTICE: Limits juvenile offender parole eligibility in resentencing court. (8/1/26)

SLS 26RS-330 ENGROSSED Regular Session ENROLLED SENATE BILL NO.

201 BY SENATOR MORRIS JUVENILEAN JUSTICE.ACT To amend and reenact Code of Criminal Procedure Article 878.1 (A) and (D) and the introductory paragraph of R.S.

Limits15:574.4(G)(1), juvenilerelative offenderto parolejuvenile eligibilitysentencing; in resentencing court.

(8/1/26) AN ACT To amend and reenact Code of Criminal Procedure Art.

878.1(D), relative to juvenile sentencing;

SectionSection1.CodeofCriminalProcedureArticle878.1(A)and(D)areherebyamended 1.and reenacted to read as follows:

Code of Criminal Procedure Art.

878.1(D) is hereby amended and reenacted to read as follows:

Hearing to determine parole eligibility for certain juvenile offenders *A.(1) *If *an D.offender is indicted on or after August 1, 2017, for the crime of first degree murder (R.S.

The14:30) solewhere purposethe offender was under the age of eighteen years at the hearingtime isof tothe determinecommission whetherof the sentenceoffense, shallthe bedistrict imposedattorney withmay orfile a notice of intent to seek a sentenceof life imprisonment without possibilityof parole eligibility.within one hundred eighty days after the indictment.

TheIf courtthe shalldistrict stateattorney fortimely files the recordnotice theof considerationsintent, takena intohearing accountshall be conducted after conviction and prior to sentencing to determine whether the factualsentence basisshall forbe itsimposed determination.with or without parole eligibility.

SentencesIf the court determines that the sentence shall be imposed withoutwith parole eligibilityeligibility, andthe determinationsoffender thatshall anbe offendereligible isfor notparole entitledpursuant to the provisions ofR.S.15:574.4(E).Ifthedistrictattorneyfailsto timelyfilethenoticeofintent,the sentence shall be imposed with parole eligibility shouldand normallythe offender shall be reservedeligible for theparole worstpursuant offendersto and the worstprovisions cases.of R.S.

A15:574.4(E) reviewingwithout courtthe shallneed giveof paramounta considerationjudicial todetermination thepursuant informationto considered by the trierprovisions of factthis thatArticle. rendered the original sentence.

InIf casesthe wherecourt adeterminesthatthesentenceshallbeimposedwithoutparoleeligibility,theoffender juvenileshall offenderwasoriginallysentencedtodeathafterthecourtconsideredbutrejectedyouthnot Pagebe 1eligible offor 2parole. Coding:

(2) If an offender is indicted on or after August 1, 2026, for the crime of second degree murder (R.S.

14:30.1) where the offender was under the age of Page 1 of 3 Coding:

SLS 26RS-330 ENGROSSED SB NO.

201 asENROLLED aeighteenyearsatthetimeof mitigatingthecommission factor,of atheoffense,thedistrictattorney reviewingmay courtfile shalla notnotice substituteof itsintent judgmentto forseek thea judgmentsentence of life imprisonment without possibility ofparolewithinonehundred eightydaysaftertheindictment.If the trierdistrict ofattorney facttimely unlessfiles the triernotice of factintent, clearlya abusedhearing itsshall discretionbe andconducted couldafterconvictionandpriortosentencingtodeterminewhetherthesentenceshall notbe haveimposed reasonablywith reachedor thatwithout result.parole eligibility.

TheIf originalthe instrumentcourt anddetermines that the followingsentence digest,shall whichbe constitutesimposed nowith partparole ofeligibility, the legislativeoffender instrument,shall werebe preparedeligible byfor Senateparole Legislativepursuant Services.to R.S.

The15:574.4(G). keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.If the district attorney fails to timely filethenoticeofintent,thesentenceshallbeimposedwithparoleeligibilityand theoffendershallbeeligibleforparolepursuanttoR.S.15:574.4(G)withoutthe needofajudicialdeterminationpursuanttothisArticle.Ifthecourtdetermines that the sentence shall be imposed without parole eligibility, the offender shall not be eligible for parole.

1:13(B)* and* 24:177(E)]* DIGESTD.Thesolepurposeofthehearingisto SBdeterminewhetherthesentenceshall 201be Engrossedimposed 2026with Regularor Sessionwithout Morris Present law provides for a hearing to determine parole eligibilityeligibility. for certain juvenile offenders.

ProposedThe lawcourt retainsshall presentstate law.for the recordthe considerations taken into account and the factual basis for its determination.

PresentSentences lawimposed limitswithout theparole hearingtoeligibility and determinations that an offender is not entitled to parole eligibilityshould normallybe reserved for the soleworst purposeoffenders ofandtheworstcases.Areviewingcourtshallgiveparamountconsiderationtothe determiningwhethertheinformation sentenceshallconsidered beby imposedthe withtrier orof withoutfact parolethat eligibility.rendered the original sentence.

ProposedIn lawcases retainswhere presenta law.juvenile offender was originally sentenced to death after the court considered but rejected youth as a mitigating factor, a reviewing court shall not substitute its judgment for the judgment of the trier of fact unless the trieroffactclearlyabuseditsdiscretionandcouldnothavereasonablyreached that result.

PresentSection2.TheintroductoryparagraphofR.S.15:574.4(G)(1)isherebyamendedand lawreenacted requires the court to stateread foras thefollows: record the considerations taken into account and the factual basis for its determination.

Proposed§574.4. law retains present law.

PresentParole; law provides that sentences imposed without parole eligibility and determinations thatanoffenderisnot entitledto paroleeligibilityshould normallybereservedfortheworst offenders and the worst cases.

Proposedeligibility; law repeals present law.

Proposedlawrequiresareviewingcourttogiveparamountconsiderationtotheinformationjuvenile consideredoffenders by* the* trier* ofPage fact2 thatof rendered3 theCoding: original sentence.

Proposedlawprohibitsthereviewingcourt,incaseswhereajuvenileoffenderwasoriginallyWords sentencedwhich toare deathstruck afterthrough theare courtdeletions considered but rejected youth as a mitigating factor, from substitutingexisting itslaw; judgment for the judgment of the trier of fact unless the trier of fact clearly abused its discretion and could not have reasonablyreached that result.

Effectivewords Augustin 1,boldface 2026.type and underscored are additions.

(AmendsSB C.Cr.P.NO.

Art.201 ENROLLED G.(1) Notwithstanding any provision of law to the contrary, any person servingasentenceoflifeimprisonment fora conviction of first degreemurder(R.S.

878.1(D))14:30) Pageor 2second ofdegree 2murder Coding:(R.S.

14:30.1) who was under the age of eighteen years at the time of the commission of the offense and whose indictment for the offense was either prior to August 1, 2017, or on or after August 1, 2026, shall be eligible for parole consideration pursuant to the provisions of this Subsection if a judicial determination has been made that the person is entitled to parole eligibility pursuant to Code of Criminal Procedure Article 878.1(A)(2) or (B) and all of the following conditions have been met:

* * * PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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